An uncontested divorce in Florida offers a simpler and faster way to end a marriage if both spouses agree on key issues. The process requires meeting certain conditions in order to proceed smoothly.
Understanding the basic requirements for an uncontested divorce can help you avoid complications and delays.
Residency requirement
One of the first requirements for an uncontested divorce in Florida is that one spouse must meet the residency requirement. At least one spouse must have lived in Florida for at least six months before filing for divorce. This ensures the state has jurisdiction to handle the divorce case.
Agreement on all major issues
Both spouses must agree on all major issues in the divorce to qualify for an uncontested divorce. These issues include the division of property, debt allocation, alimony, child custody, visitation and child support. Couples must come to a mutual agreement on how to handle these matters. If they disagree on any of these points, the divorce may become contested, which would require a different legal process.
Filing the appropriate paperwork
To begin the uncontested divorce process, the couple must file the necessary paperwork with the court. This includes a petition for dissolution of marriage, a financial affidavit and a marital settlement agreement. If there are children to consider, additional forms may be necessary. These typically include a parenting plan and child support guidelines.
Attending a final hearing
In some uncontested divorce cases, the court may require both spouses to attend a final hearing. During this hearing, the judge will review the agreements and paperwork to ensure everything is in order. If everything meets legal standards, the judge will grant the divorce. In some cases, the court might waive the hearing if the couple meets specific conditions.
By fulfilling these requirements, spouses in Florida can complete an uncontested divorce with minimal conflict and a faster resolution. This type of divorce can help both parties move forward more efficiently, provided they have resolved all relevant issues beforehand. Have questions about the divorce process or if an uncontested divorce is right for your situation? Contact Julie today.